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COLONIAL AIRLINES v. ADAMS

Civ. A. No. 3490-49.

87 F.Supp. 242 (1949)

COLONIAL AIRLINES, Inc. v. ADAMS et al.

United States District Court District of Columbia.

Appeal Dismissed February 6, 1950.

Attorney(s) appearing for the Case

T. Peter Ansberry, of the firm Davies, Richberg, Beebe, Busick & Richardson, Washington, D. C., Stephen J. McMahon, Jr., Washington, D. C., Ernest Cuneo and Leo Gitlin, New York City, for plaintiff.

Emory T. Nunneley, Jr., General Counsel, Civil Aeronautics Board, Washington, D. C., William J. Hickey, Special Assistant to the Attorney General, Department of Justice, Warren L. Sharfman, Attorney, Civil Aeronautics Board, Washington, D. C., for defendants.

Before PROCTOR, Circuit Judge, and GOLDSBOROUGH and MORRIS, District Judges.

Appeal Dismissed February 6, 1950. See 70 S.Ct. 490.

PROCTOR, Circuit Judge, and MORRIS District Judge.

In this case the plaintiff challenges the constitutionality of such parts of Section 402(b) and 801 of the Civil Aeronautics Act of 1938, 49 U.S.C.A. §§ 482(b), 601, as relate to permits to foreign air carriers, and charges that the defendants, who are the members of the Civil Aeronautics Board, have...

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